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NY E87770




October 7, 1999

CLA-2-21:RR:NC:2:228 E87770

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Pablo Torres
Corex S.P.A.
S.S. 19n. 3/5
84091 Battipaglia (SA) Italy

RE: The tariff classification of a canned tomato product from Italy

Dear Mr. Torres:

In your letter dated September 9, 1999 you requested a tariff classification ruling.

Two samples were submitted with your letter. Both were opened, examined and disposed of. The product is identified in your letter as “whole peeled tomatoes for making sauce,” and is said to be composed of whole peeled tomatoes, medium tomato puree, basil leaf, citric acid, and salt. The samples consisted of metal cans, approximately 4-5/8 inches tall and 4 inches in diameter, said to contain 400 grams, net weight. Loosely taped onto each can is a paper label reading “Italian peeled tomatoes with basil,” and identifying the ingredients as noted above. Examination of the contents of the cans found whole tomatoes, ranging in size from approximately 2-1/4 inches to 3-1/2 inches in length, in a medium-thick puree, with one whole basil leaf in each can.

The applicable subheading for this product will be 2103.90.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations thereforotherotherother. The rate of duty will be 6.6 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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